ATLANTA, GEORGIA, FEBRUARY 22.
10* The investigations into the Metho
dist Book Concern shore enormous frauds.
t&~ The government still owes Ken
tucky war claims amounting to $050,522.
Florida has passed 8tate aid bills to
railroads for some fire millions.
XQT Hew York is deluged with spurious
tSf~ The Thompson collection of pic
tures in New York is selling low. But
$48,033 hare been realized for 1,090 of the
1,800; the whole worth half a million.
The Legislature has passed more Belief,
In the shape of .'a resolution, suspending
collections of all debts made before June.
18C5. until twenty days after the meeting of
Abominable.—The United States Sena-
tora bare permitted Rerels, the negro Mis
sissippi Senator, to subside into a hum
drum sort of status, like any other worn-
out notoriety. Those immoralities of his
hare reduced him to their lerel.
bsjr The Washington telegraphic cor
respondent of the LouisrQle Commercial
(Bad.) thus dispatches:
The committee afterward had two hours’
conference, and finally agreed by a major
ity rote, only two or three dissenting. It is
understood to report a bill admitting Geor
gia without conditions, and also to admit
Mississippi, with Hill and Miller as Sen
The Radicals before the adjournment ot
the Legislature passed a resolution paying
members $9 per day up to adjournment
yesterday. This Includes a twelve day’s
recess, when they were at homo. This is
down-right robbery. No service was per
formed, the legislators were offduty, and to
draw pay for snch holiday Is simply swind
ling the people of Georgia.
fW The Nashville papers are full of the
magnificent banquet given to the Legisla
ture and Convention. It was a royal oc
casion. Among the speakers wo notice
Senator Cooper, Gen. Brown, Speaker
Thomas, Col. Burcb, B. S. Rhea, fol. Wil
liamson, Qeneral Bate, General Palmer and
Tbo Woman Broker.
The Pittabnrg Dispatch opens up a not
altogether clean record for the Claflin
raotnber of the sensatioo woman broker
age firm in New York. She is a Miss of
twenty-seven ente, knowing summers. At
sixteen she was a “Doctor Tennessee
CiaSin,” lively, beautiful, chatty and
shifty, running a sharp programme as a
second right Dectress in-Cincinnati and
Pittabnrg, and finally playing ont ss a hum
She now turns up a plump progressive
gold brokercss under Vanderbilt’s wealthy
Tbo Woman’s Movement.
This thing of Woman’s Rights still
keeps going. Miss Anthony, its venerable
progenitor, has reached tho comfortable
age of fifty. Susan is still on tho rampage,
despite her ancient epinaterhood.
At a meeting of tbo listen in New York,
on Friday, Mn. Wilbour thought the world
out of joint, and Woman Suffrage alone
could put it back. A Mr. Steele, a male
pullet, thought the difficulty was in getting
marrying notions ont of the young girls’
heads'. It wss determined to not admit
gentlemen, that the young petticoats could
1 jam to speak unembarrassed. This is bad.
Monday was Valentino’s Day, and
to have been genenlly observed
over the country. The amount of emboss
ed trumpery used up in tho causo of anon
ymous courtship was prodigious.
Some of the statistics about Valentines
may not be uninteresting.
The trade has fallen off in later years. It
is getting new vitality, however, from the
negro patronage. There are but six lead
ing Valentino pnhlisheTS in the country,
three in New York, one in Philadelphia,
and two in Worcester, Mass. The comic
Valentines are the most used. Their sales
amount to four millions yearly, against one
million for tho sentimental sort.
The election of Radical Senators to-day
puts Georgia in a booming condition. We
have, since the war, elected Johnson and
Stephens, Democratic; Hill and Miller,
Conservative Republican, and now. come
Blodgett, Farrow and Whitely, plum-out
Radical. Poor Sambo has boon loft in the
cold entirely, chouseled clear ont of his
rights by the Bullock faction. Cuffee
should remember this.
Now for a stiff tussle in Congress between
Bill and Miller and the Bullock contribu
tion of Senatorial staff. The news from
Washington is cheering for the former. If
they succeed, there will be a heavy grin on
But no one can charge us with not fur
nishing plenty of material for Congress to
THE WEEKLY CONSTITUTION.
ATLANTA, GEORGIA, TUESDAY, FEBRUARY 22, 1870.
The colored people ot Georgia hare cer
tainly a had lull chance to learn the trne
disposition of the Radical party towards
them. Deceived and used, made a footstool
for getting power, seduced with false
promises, shut out from participation in
every esse where it was possible; tbej have
had ample reason to cut loose from Radi
The Senatorial election the other day Is
a case well In point. There were negro
aspirants lor the office, men who had la
bored faithfully for the Radical cause, and
whoso tremendous majority of votes over
the white Radicals, had alone given the
party Its success.
Yet. when the division of the spoils came,
they were centemptnonsly poshed aside,
and the flesh-pots monopolized by tbelr
white brethren. Thus will it be every
time. They certainly win show a tame
spirit if they submit to It.
Let them learn first, last and all the time.
Tuesday. Feb. 15,1870.
1 Senate called to order by President Con-
Prayer by We*ley Prettyman.
Journal of 14th read.
Messrs. Wallace and Merrell were al
lowed to record their votes In favor of the
adoption of the 14'h and 15th Amendments,
and Mr. Hinton against the same.
Mr. Welborn was permitted to record
his vote against the passage of the resolu
tion bringing on the election of United
The Senate then took a recess untill 11:30
o’clock, a. M.
12 o’clock M.
A mirage from the Honse was received.
Mr NUNNALLY offered the following
Whereas, by the Legislature of 1868, Dr.
H. V. M. Miller was regularly elected to the
nnexptrcd short term of the United States
Whereas, The Congress of the United
States has since passed an act to further
promote reconstruction In the State of
Georgia and by virtue of said act several
persons then members and voting in said
election, have been declared ineligible;
Whereas. It is a well settled fact that af
ter counting out all the illegal votes. Dr.
II. V. M. Miller still lias a majority of all
the vo'os cast; be it.
Resolved, By the Senate and House that
there can be no election for said un expired
term, and that the said Dr. H. V. M. Miller
be and he 13 hereby declared the regularly
elected Senator from this State to fill Bald
Mr. HARRIS raised the point of order
that both branches of tbe General Assem
bly had resolved to elect Senators, and such
a resmution could not be entertained.
Tho PRESIDENT sustained the pointof
Mr. NUNNALLY moved a reconsidera
tion of the resolution to bring on tbe elec
tion of Senators.
AABON ALPEORIA favored reconsid
The PRESIDENT decided the motion
out of order.
Mr. CANDLER presented a protest
against the election of Senators, signed by
blmselfand others, as follows:
The undersigned, members of the Senate
of Georgia, present at an election this day
ordered by the General Assembly of Geor
gia, as organized under the diecctlon ol
ltufus B. Bullock, claiming to be *■ Provi
sional Governor" of the State of Georgia,
with the approval of Brevet Major General
Alfred H. Terry, Commanding the Military
District of the State of Georgia, for Sena
tors in the Congress of tbe United States,
one for the term expiring March 4; 1871.
one for the term expiring March 4, 1873.
and one for tbe term expiring March 4.
1877. present the following, their protest
against tip- said election and ask that the
same be entered upou the Journal of the
The said election Is illegal and unauthor
ized by the acts of Congress known as the
reconstruction acts, because, under said
acts, at tho session of the General Assem
bly of Georgia, held in toe city of Atlanta
In the year 1868, two Senators were elected,
the one for the term ending March 4.1871.
ilm other for the term ending March 4.
1873: that the persons so elected arc en
titled to the places to which they are
elected; are now before tbe Senate of tbe
United States claiming the same, and the
said Senate has not determined that they
are not entitled to their seats. •
The act of Congress approved July 25.
186G. “to regulate the time and manner of
holding elections fur Senators In Con
gress," requires that the Legislature cho
sen next preceding the expiration ot the
time for which any Senator was elected to
represent said State In Congress? shall, on
the second Tuesday alter tbe meeting and
organization thereof, proceed to elect such
Senator. In accordance with that act the
Senators how claiming seats in the Senate
of the United States were elected.
According to the Constitution of the
State ot Georgia, a new Legislature will be
eiceted “ on Tuesday after the first Mon
day in Noveml>er”of the present year, and
will assemtile on the “second Monday in
January. 1871.” This Is the Legislature
chosen next preceding the expiration of
the terms of the Senators elected in 1868,
and under said act ot Congresses the Leg
islature authorized to elect their success
ors. If this be the first session of the Gen
eral Assembly of Georgia, under tbe re
construction acts of Congress, then the
election for Senators to fill the terms ex-
pirlng on the4th of March 1873, and 1877.
respectively, is illegal, because, even as ad
mitted by all, whether given to the provis
ional faith nr not. a Legislature will be
eiceted on Tuesday after the first Monday
in November, 1872. which will be compe
tent to the election o' the Senator for the
terra expiring March 4,1873, and no other
A vacancy could only exist because of
the death or resignation of the person
elected, or by a vote of the Senate, which
determines the qualifications of its mem
bers. An election has been held, the per
sons elected are living, having not resigned,
and the Senate ol the United States, has
not by any action informed the Legislature
of Georgia, that there is a vacancy in its
representation in that body. Therefore,
protesting against the election to be held
as authorized, wo will decline to partici
Milton a. Candles,
B. B. Hinton,
A. D. N'UKN'ALLY,
A. W. Holcombe,
C. B. Wootten,
J. C. Fai.n\
W. T. McAbtsub,
C. J. Wellborn,
Last three approves so far as
Hill and Miller are concerned.
Dr. W. A. Mathews. Senator from the
23d District, wss sworn in.
Mr. Uungerford arose to object to the
protest beingetitcred on the journal of the
Senate on the ground that it charged Rufus
B. Bullock with claiming to be Provisional
Governor, when the President announced
that the hour of 12 M. bad arrived, and tbe
Senate would proceed to elect Senators
M r. Speer nominated Mr. Foster Blodgett
as Senator for the term endiDg March 4th,
The following is the vote: Blodgett—
Bowers. Bradley, colored. Brock. Bruton,
Campbell, colored, Colman. Corbitt. Cray
ton. Dickey. Dunning. Fain, Griffin. (6th)
Harris. Henderson. High -e, Hungerford,
!Jones. Merrell. McArthur. McWhorter.
Richardson, Sherman. Smith. (7th) Smith.
(36ib.) Speer. Stringer. Traywick. Wallace,
colored, Wellborn, Welch, Mr. President—
Not voting: Burns. Candler, Griffin,
(21>t.) nicks, Hinton. Holcombe. Jordan,
Nesbitt, Nunnally, Wooten and Mathews—
Mr. DUNNING nominated H. P. Farrow
for the term ending March 4tb, 1873.
The following is the vote:
Farrow—Bower*. Bradley colored. Brock.
Bruton. Campbell colored, Colman. Cor
bitt. Crayton. Dickey. Dunning. Griffin 6th,
Harris, Henderson. Higbce, Hungrrford.
Jones. Merrell. McWhorter. Richardson.
Sherman. Smith 7th. Smith 36th, Sneer.
Stringer. Traywick. Wallace, Welch, Math
ews, Mr. President—29.
Not voting—Burns, Candler. Fain, Grif
fin 21sL Hicks. Hinton. Holcomb. Jordan,
McArthur. Nesbitt, Nunnally, Wellborn
that their only true friends arc the masses j ^^“‘dreg^
of the true white people of the State. There Mr. Whitely received all the votes cast
Is not a Democrat to-day, who is not a! for tbe last, except Mr. Matthews.
kinder friend to blacks than any Radical,
who la so lavish in promise and so meagre »
in performance. The interests of tbe blacks were deciaredeieeted.
and tbe white citizens of Georgia are hlent-
Mr. Matthews and thirteen others did
Messrs. Blodgett, Farrow and Whitely
Senate then adjourned until 11 o’clock a.
Wednesday, February 16.1870,
Senate called to order by President CON
Prayer by Wesley Prettyman.
Journal of the 15th inst. read.
Mr. MERRELL offered a resolution that
the Governor he requested to draw his
warrant for the amount due to tbe officers,
doorkeepers, messengers and employees of
the General Assembly, on tho certificate of
tbe Secretary of the Senate and Clerk of
the House, said amount to be charged in
tho final settlement.
Mr. B.BUTON opposed the resolution
as indefinite and a raid on the Treasury of
the State. He moved to lay the resolution
on the table.
MR. HARRIS hoped the Senator, would,
on reflection withdraw the motioD to tajble.
MR. CANDLER opposed it because It
was indefinite end unconstitutional.
MR. HUNGEKFORD thought iteame
witli bad grace Irom senators who bad re
ceived $9 per day, to object to paying
clerks and messengers.
MR, DUNNING replied that he had not
received the 39 per day.
MR. HUNGERFORD retorted, “a good
reason for ir, because you get 84,000 per
MR. HINTON offered as a substitute,
a resolution that the Governor be author
ized to draw liia warrant for such sums as
m.'y be due tho Secretary,-Assistant Sec
retary, Doorkeeper, Messenger and Consti
Mr. CANDLER raised the point oforder
that being an appropriation of money; the
Constitution provided that it must origin
ate in tho House.
The PRESIDENT decided the point not
Tbe substitute was lost by yeas 12, nays
Tbe original resolution was adopted by
the following vote:
Yeas—Messrs. Bowers, Bradley (colored)
Brock. Campbell, (colored,) Crayton, (col
ored.) Colman. Corbitt, Dickey, Fain, Grif-
fine, 6th, Harris, Henderson, Uigbee. Hun-
S erford, Jones. Jordan. Merrell. McArthur,
icWliortcr, Richardson, Sherman, Smith,
Smith, 35th, Speer, Stringer. Traywick,
Wallace, (colored,) Welch and Mathews-
Nays—Messrs. Bruton, Burns. Candler.
Dunning, Hicks, Hinton, Holcombe and
Mr. MERRELL moved to transmit the
rcsolntionto the House.
Mr. NUNNALLY objected to the trans
mission. He called upon the Semite to con
sider what they are doling. He moved
to reconsider the adoption of the resolu
tion. supporting the motion in a pitby and
Mr. DUNNING said that tbe charge that
Senators were unwilling to pay the proper
officers their dues was not true. He wanted
Mr. MERRELL disclaimed any imputa
tion against Senators.
Mr. CANDLER said he had taken an
oatli to support the Constitution of the
State of Georgia. Others might consider
that only child's plav, hut lie did not. Tbe
Constitution declared that no money was
to be drawn Irom the Treasury without ap-
proprlatlon made by law. and ail measures
for appropriation must arise in the House.
If there was nntsomething wrong, why re
fuse to name the parties to be paid, and the
amount due them. He made a telling
speech against the perpetration of each an
Mr. BROCK made a lengthy and ingen-
nous speech in favor of the resolution as
passed. He hooted at the idea of tho Sec
retary doing wrong. Before be finished,
a messenger was announced irom tbe House
that that body was ready to consolidate
tho vote for Senators. The Senate accord
ingly proceeded to the House. [See House
proceedings for details of consolidation.]
Upon re-assembling, the Senate wi
again addressed by Mr. Brock, in his felic
itous and pungent style.
Mr. FAIN explained his vote at length,
and concluded by moving that the motion
to reconsider be tabled, bnt withdrew it.
when Mr.Nunnall; obtained the floor, urg
ing harmony of action in passing a resolu
tion to protect the Secretary himself. Pay
every officer, but no more.
Mr. HARRIS moved to lay the motion to
reconsider on the table.
The following is the vote:
Yea*—Bowers. Bradley, (e) Brock, Camp
bell, (o Coleman, Corbitt. Crayton, (c)
Dicky. Fain, Griffin. (6tli) Harris, Hender
son. Higbee, Ilnngeriord. Jones, Jordan,
Merrell, McArthur, McWhorter. Richard
son. Smith, (7th) Hnith, (36th) Stringer,
Wallace, (<•) Welch—25.
Navs—Bruton, Barns, Candler. Corbitt.
Dnnning. Hicks, Hinton, Holcombe. Mat
thews, Nunnally, Traywick and Wellborn.
MR. CANDLER offered a resolution that
tlie Secretary be directed to enter upon the
jotfrnal of the Senate of to-day, tho names
of the clerks employed by him. when em
ployed, and when they entered npon their
The President ruled the resolution out of
order. No enrolling committee had been
appointed, and tho clerks could not be
sworn In nntil that committee was ap
Mr. CANDLER responded, then they
should not bo paid.
A message was received from Governor
Bullock, and GOO copies ordered printed for
thanse of the Senate. [See House proceed
ings for message.]
Mr. BROCK offered a resolution to stay
all proceedings in the courts, founded upon
judgments or contracts prior to June. 1st,
1865, or levies and sales under, until 20 days
after expiration ol the recess of the Gen
eral Assembly, and requesting Gen. Terry
to sanction and enforce the resolution.
Mr. HINTON was opposing the resolu
tion in an earnest and forcible speech, when
the hour of adjournment having arrived,
the President-declared the Senate adjourned
nntil to-morrow morning at 10 o'clock.
HOUSE OF REPRESENTATIVES.
Tuesday, February 15.
House met at 10, a. m, and was called to
order by the Speaker^
Prayer by Rev. Mr. Clark.
Calling of the roll dispensed with.
Journal of yesterday read.
Mr. BRYAN C moved to reconsider so
mnch of the action of the. House, as provi
ded by resolution of yesterday, to bring on
an election lor United States Senator*.
Mr. O’.VE aL arose to a point of order.
No objection was made on yesterday, and'
no notice of reconsideration given. The
resolution had lieen transmitted to the Sen
ate, and had passed beyond the control of
Mr- SHUMATE said tho Senate was not
in session when the resolution was concur
red in. and that it had never been trans
mitted; it was still in the House.
SPEAKER ruled that the motion could
not be entertained.
FITZPATRICK, of Bibh, appealed from
the decision. Yeas and nays called; yeas
76. nays 36. Decision sustained.
Somebody wanted to take a recess until
12. H, but the Speaker said there were sev
eral present to be sworn in.
W. B. Smith. U. S. Court Clerk, was in
attendance to do the swearing.
Mr. Brewster, of Harris. Mr. Smith, of
Teltair, and Mr. Bennett, of Jackson, were
announced as candidates for reception into
Brewster’s name was sent In by Bullock,
i - next highest to ineligible Hudson.” He
slid in gracefully.
Bennett, of Jackson, was one of the “old
issue.” and no objection being made, he
went in magically; bnt Smith, of Telfair,
being elected under Bullock’s proclama
tion in one of the eonnties where no elec
tion was originally held, was objected to as
not having been endorsed by “ His Excel
Mr. SCOTT, moved to admit Mr. Smith,
and Mr. O’Neal, of Lowndes, moved to take
the admission and qualification of Smith,
■Tbe SPEAKER said that be bad already
decided tbat'such a course would he trav
eling out of “reconstruction track.” and
be could not now entertain the motion.
JOHNSON, of Spalding, offered a resolu
tion that tbe Uuuse now proceed to elect
three Senators, tn tbe following order: For
the long term, firat; second term, second';
and short term last.
Mr. BRYANT gave notice that he would
file a protest against action in the prem
Mr. TWEEDY nominated Hon/Foster
Blodgett for the “long term.”
The clerk then proceeded to call the roll.
SCOTT, of Floyd, when his name was
called, declined to vote, and handed in a
protest against tbe action.
All the Democrats declined to vote.
TbeSprakerdeclared that Foster Blodgett
received S6 votes, anil Harrison, colored, of
Franklin, 1; and that Blodgett was elected-
Some one then nominated “circumlocu
tion Farrow” for the second nest term. No
one else was nominated. Democrats de
dined to vote.
The call proceeded.
Mr. RADISH voted foronrspecial friend
Mr. Golden, colored, of Liberty. He shall
The vote stood os follows:
H. P. Farrow - - - - - 78
W. a. Golden, colored - - - 1
Geo. Wallace, colored - . - - i
Mr. TURNER voted for Wallace. He
now desired to change to Farrow. He had
promised to “vote for a nigger”—he had
done it, and his conscience was satisfied—a
O’NEAL, of Lowndes, nominated Rich
ard H. Whitely.
A negro nominated “Hon. James M.
Sims, of Chatham.
Mr. GQBKR nominated Coal.
The vote stood os follows:
Whitely - - - - - - . 82
Sims - -- -- -- o
Coal -------- l
Clowers (c.) concluded “de bottom rail”
was not on top. and with deprecating tone
said, “wid all jew respect to my ’oncrbul
fren, Mr Onerbnl Sims, I'se ewlne to
change my woto to de Onibul Mr. W hil
ly” He then “turned.'’
So said Houston (c.) who nominated
Sims. He further said that he “jes lived to
winderkake do rights of his race and let
de proper qushnn go fort to de hole siv-
ilized yeath, as how a culluil pusson could
be woted for for Senator.”
O’Neal, of Lowndes, moved- to adjonrn
till ll!f>, a. M.. to-morrow. It was done
amidst “applause” on one side of the “gal
The following is the protest of Scott and
Whereas. Hon. Joshua Hill has been duly
elected United State*Senator to fill the un
expired term which ends on the 4th of
March, 1873. and the non. H. M. Miller hag
been duly elected United States Senator to
fill the nnexpired term which ends the 4th
of March, 1871. by the General Assembly
of tbe State of Georgia; and whereas, this
General Assembly. “ so-cnl leu.” has obtai n-
ed its present organization by' force, vio
lence and fraud; and whereas, the Consti-
tntioq and the laws are discarded In its
proceedings, protesting against tbe legality
of all its act*; believing them to be illegal,
unauthorized and void, we decline to vote.
Dunlap Scott. Flovd,
Frank Welchar. Taylor, ;
Louise Nash. Gwinnett,
C C. Clkohorn. Chattooga.
Wednesday, Feb. 16th. 1870.
House called to order by tho Speaker at
11 30 o'clock, a. m.
Prayer by Rev. M. Smith.
Calling of roll dispensed with, on motion
of Mr. Tomlin.
Journal of yesterday read.
MR, BKYANT presented bis protest
against election of Senators on yesterday
This protest was read and ordered to be
entered upon the journals.
. MR. MADDEN, of Burke, objected, but
was voted down.
MR. SCOTT, of Flovd, moved to have
his protest entered. Voted down. Yeas
and nays called for. The Speaker said not
a sufficient number to sustain the call.
A message from “ His Excellency” etc-
was here received and read.
_ Mr. Hnngc-rtord resumed bis ^speech
leal. The Democrats constitute the pre ->Ralnst entering the protest on the jour-
A lengthy discussion ensued
ponderating white element in the State,and
own the lands; and it is to them at last
that the blacks most look for sympathy,
assistance and guidance.
Let them take the lesson of the Senato- to enter the protest on tbe jtmrnal was
rial election. carried.
Candler. Brock. Bradley. Dunning and
Speer in favor of entering it, and Mr. Bru
Upon the vote being taken, the motion
a recess until 11)4 o’clock.
O'Neal's motion was carried, and the
House took a recess accordingly.
After recess, the House was called to or
der by the Speaker at 11:30 o’clock. A
message from - His Excellency,” etc- was
here announced and read. It provided
(for tbe House has a Commissary) that
Joel Harris, of Glasscock, being “next
highest ” in place of J. H. Nunn, “ineligi
ble.” should be sworn in.
This was accordingly done.
Atlanta, Ga- February 16.1870.
To tlie Senate and Bouse of Representative*
of the Frovitional Legislature:
Some misaporelienslon having arisen as
to the effect of the act of Congress of De
cember 22,1869. upon tbe ordinary legis
lative acts of the Legislature of 1863-9.1
deem it proper to say that in my judg
ment, the aet of Congress referred to does
not render invalid any of the ordinary laws
passed by those bodies.
Tbe reconstruction acts of March 3.1867.
and July 19.1867. in express, term* declared
that “no legal state governments” existed
In the States therein named; vet the ordi
nances of the Convention of 1865. and the
acts of the Legislature of 18G5 and 1866
have been uniformly, by the military au
thorities and by our own courts, held legal
and binding. The “scaling ordinance ’’of
the Convention of 1865. •• the evidence law ”
of 1866. both .act* of immen.se importance,
were, during tbe whole of the administra
tion of Gen. Pope and Gen. Meade, en
forced bv tlie courts as valid and binding
laws; yet these acts were passed by bodies
which Congress declared to be Legislatures
of no “legal State Governments.”
General Pope and General Meade were
pnt in command in this State to enforce
“the laws.” The Courts of Georgia sitting
under the administration of the military au
thority of the United States never fora mo
ment seem to have thought that the acts of
the Legislatures of 1865 and 1866. were not
laws; and yet Congress bad, in express
terms, declared that “ no legal State Gov
ernment existed in the State.”
It would seem from this action that the
declaration of Congress^ “that no legal
State Government existed in the late Rebel
States,” must be understood in a qualified
sense, to-wit: No legal State competent to
take partln the Government of the Union
and proper to be recognized as State Gov
ernments under the Constitution of the
It was not the intent of Congress, by any
of it* reconstruction legislation, to render
invalid any of tbe laws passed by the Leg
islature it subsequently declared illegal,
except so far as those laws were obnoxious
to the Constitution and laws of the United
. ltistrue.it has not bden the policy to
permit tke legislative assemblies.a* sneb,
to conve-ne and legislate, except for specific
purposes during the military reaime, hut.
the whole practice of the government has
been to recognize as valid law* actually
passed and not repudiated by the United
Tlie simple fact that from March. 1867. to
July, 1888. tbe courts of this State, during
the administration of Generals Pope anil
Meade, *nd before the Convention of 1S6S
had ratified those laws, administered with
out question the onlin-.nces of the Conven
tion ot 1865. and the nets of the Legisla
tures of 1S65 and 1866. Is a judicial determi
nation of the highest tribunal* known to
our law, that the ordinary laws of said
bodies were valid and binding as the acts
ol a legislature de facto, however illegal
the bodies might themselves have been as
State Legislatures in view of tlie recon-
During the existence of the military su
pervision meetlngsoflegisiative holies, ex
cept for specific purposes, have been deem
ed incompatible with the actnal state of
affairs; bnt in all the States. laws passed
by bodies meeting as such, when the mili
tary power was. in fact, withdrawn, have
been uniformly recognized and acted npon
as valid and binding.
It Is. therefore. I think apparent from the
uniform action of the courts and of the
United States authorities that the laws of
the Legislature of 1868 and 1869, and its
acts which were not ot a political charac
ter, are perfectly valid, notwithstanding
the United States by the act of December
22,1869. has in effect declared that “ no le
gal State Governmentexisted in this State”
at that time, and that the impression
which is sought to be created, that they are
invalidated, that State bonds are repudiated,
and that corporations organized upon the
basis of the late legislation, are without
legal foundation, is entirely grou ndless. and
snch impression is only created for the pur
pose of misleading the public mind, and
defeating the full effect and true intent and
purpose of tbe reconstruction acts. cirgu-
flnous in’ the face of the material fact that
our bonds are saleable at ahigher rate than
those of any other Southern State, and that
the pai|ls of railroad*. which liave been
endorsed under tbe authority of legislation
of 1868. are selling at their fall value.
It his been suggested to me from various
quarters, that.it would be wt3e. lot yonr
body to take some, action for the tempora
ry relk-f of the people from the present
pnostfie far the payment of the war debts
contracted before 1865; now made doubly
burdensome by the iate decision of ttve
Supreme Court of the United States, that
those contracted before 1862, are payable in
As. however, in my Judgment, until
your action to complete the reconstruction
of the State is accepted by Congress, It is
not proper for you to undertake general
legislation. I would respectfully suggest
that you adopt some resolution expressive
of the wishes of the General Assembly on
this subject, with the hope that the General
commanding may, by bis order, cause the
same to be enforced.
When the last step in the reconstruction
work shall have been taken by the declar
ation of the result ot the Senatorial elec
tion, I would respectfully recommend.that
a reccs.- be taken for such a time as may, to
you.'secm best pending the action of Con
gress for our admission.
» , ., Rufus B. Bullock,
' .Provisional Governor.
Mr.BaRNELL, of Pickens, moved that
the Clerk be instructed to inform tho Sen
ate that the Honse 1s now ready to unite
witli ' fi Sen ate in consolidating tho elec
tion returns of yesterday.
Senators came in a body in couples, and
President CONLEY displaced Speaker
McWHOUTER, and directed the. Secretary
.of the Senate to read the verified election
returns for Senators in the Senate. He did
it. and so of the House returns,’did tho
Clerk of the House.
President CONLEY then announced tlie
consolidated returns as follows: Foster
Blodgett, 115; scattering 1. and that Blod
gett was elected for the term ending March
Hchry P. Farrow, 107, scattering. 2, and
that Farrow was electod for the term end
ing llacoh 4.1873.
RICHARD H. WHITLEY.UO. Scatter-
1; and that Whitley was elected for term
ending March 4.1871.
The Senate, then, on motion of Senator
Speer, retired to the sanctity of its own
chambers;'but while it was getting ont.
Turner, colored, of Bibb, arose and franti
cally exclaimed, that some one had swap
ped hats with him in the melee, and he
didn’t like it. So earnest was ho in his pro
test against it. tho nouse yelled.
MR. SCOTT, of Floyd, moved to take up
his resointion instructing tlie Governor
that it is tlie sense of the House, that be
should issue bis proclamation filling tha
vacancies now existing in various coun
ties. He said there were now about twen
ty vacancies, and he appealed to ail mem-
oers. Irrespective of party, to insist upon
the right,of every comity to representa
Mr. : ONE AL. of Lowndes, objected; that
this course was illegal at present, as con
trary to the act of Dec. 22,1S69. He moved
to lay the motion on the table. Carried.
Yeas and nays called ftir. Shall the speaker
The vote on resolution instructing the
Governor to order elections;
Yetis—Messrs. Atkins. Allen of Jasper.
Allen ol Hart, Bell. Belclicr, BarneS,Beard,
Cunningham, Carson, Claiborne. Colby,
Coatin. Clowers, Campbell, Darnell. Davis.
Ellis,. Fitzpatrick, Franks, Floyd, Golden.
Gardner. Guilford. Goodwin, Hillyer, Hol
combe. Harris of Hancok, Harden, Hutch
ings. Houstofl, Haren, Johnson of Towns.
Johnson of Spalding, Johnson of Forsyth,
Joiner. Jackson. Lee, Lane, Linder. Lind
sey. Madden, Moore. Mnull, McCormick.
Nrsbct of Gordon, O’Neal of Lowndes,
O’Neal i- Baldwin, Powell, Porter, Page,
Perkins of Dawson. Rogers, Richardson,
Rice, Smith of Charlton, Smith of Husco-
g-e, Strickland,- 'Simms, Stone, Saulter,
Tweedy. Thomason, Turner, Watkins, War
ren of" Burke, Williams of Harris, Wil
liams of Haralson, Zeiiars.
Nays—Bennett, Bethnne. Brewster. Bal
langer, Brown. Bryant, Cobb. Cleghorn,
Cloud. Clark, Duncan. Erwin. Ford. Fow
ler. Felder, Gray. Gnllatt. Hall of Merrl-
wetUer. Hail of Bulloch, Hall of Glynn,
Harknes*. Hamilton. Harper of Sumter.
Humber, Hook, McArthur, Matthews. Nash,
Osgood Parks, Pepper. Reddish, Rainey,
Rosser, Ruraph, Sorrells. Sisson, Shackle
ford, Beotr. Scroggins, Tate, Tnrnipseed.
VinsOn. Williams of Morgan, Warren of
Qnitmnn. Welchel* Witcher.
Present and not voting—McDougald,
Shumate, and Tumiin.
Mr. DARNELL of Pickens, arose to a
question of privilege. Ho desired to be
permitted to record his vote in favor of the
14th and lotii amendments, as ho was pre
vented from voting at the time. Ordered
to be printed.
Mr. LEE. of Newton, called up the reso
lution of Mr. Bethnne, requesting General
Terry to enjoin and restrain all action upon
debts contracted prior to June 1st, 1865. He
desired to offer a substitute,
Mr. ONEAL somehow obtained the floor
anti offered a substitute.
Mr. SCOTT obiectcd, that he had a prior
resolution; but it appeared that the Clerk
bad entered Bethttne's first, and the
SPEAKER ruled IhatBethune’ahad prt-
O'NEAL'S substitute was read.
O’NEAL said something about Provis
ional Governor desiring it.
Mr. BRYANT objected. He thought it
was illegal and untenable. He was tired
of the “ Provisional Governor” being flung
in their faces. This was not a Provisional
Government. Bullock, as " Governor.” had
drawn 850.000 from the bank in New York;
squandered, as "Governor,” the $20,900
contingent fund; and now, through this
resolution, it is intended to endorse tbe po
sition that ee was “ Provisional Governor.”
Bullock is like the juggler with tho balls
under the mugs—now tbo balls are there,
and now they are not.
He thought that after all the schemes of
certain parties for the purchase, at a’cost of
$500,000. tlie Opera House, and various
other personal schemes, the people would
need relief; and he predicted that these
sclieufes would want relief, too, after a lit
tle. fol- their rascality, and call for rocks
and mountains to fall on them. ete.
Mr. HARPER, of Terrell, opposed the
SAM WILLIAMS, (colored) told Mr.
Harpe'r he was opposed to it.
Mr. HARPER moved to lay the resolu
tion oh the table. Lost.
Mr. BRYANT called for the yeas and
SPEAKER said he was too late.
10 E Cl S X O IS S
SUPREME COUJLtT OF GEORGIA
Delivered at Atlanta, Tuesday, February 15.
[azrosTXD xxtsxsslt for thx constitutiok.bt
N. J. nAVXOKD. SCPREUX CvUKT KIPORTZK.)
Nelson Stegar. person of color, plaintiff in
error, vs. The State, defendant in error.
From Spalding, indictment for robbery.
BROWN. C. J.
An indictment for robbery which does
not charge that the money or other prop
erty wa3 taken from the person of another
by tho defendant is fatally defective, and
it was error in the Court to refuse to arrest
the judgment rendered upon it.
T. W. Thurmond, Peeples & Stewart for
defendant in error.
L.B. Anderson, Sol.Gen., by A. W.Ham
mond &,Son for the State.
Isham Weaver, plaintiff in error, vs. David
vid Ogle tree. et. uL executor, defendant
in error. Assumpsit from Newton.
BROWN, C. <L
When a son hadi in several instances, used
the name of his father by signing it as
surety to notes given by the son, and the
father, with knowledgoof tbo fact that such
use had been made of his name, directed
the holder of a note so signed, who applied
to him to have' it divided and two notes
given, that part of it might be applied by
the holder to a charitable use, to see the son
about it, which ho did. and the son agreed
to have it arranged as desired, and in a day
or two presented to the holder the two
smaller notes in ptace of the one for the
same sum, which were accepted by tho
holder in the belief that tbe new notes had
been signed by the father, as be made no
objection to the gennineness of the note
presented to him in Uen of which the two
were received, and the father afterwards,
when sued on one of the notes, plead non
est factum, and the jury found for the
plaintiff. Held, That this Court will not
control the discretion of the Court below in
refusing to set aside the verdict and grant
a new trial, as tho facts made snch a case
as authorized the jury to presume and find
that tho son was the agent of tho father to
sign the note, or that the father ratified tlie
act done by tho son and made it his .own.
Clark & Pace, forplaintiff In error.
A. B. Sims, J. J. Floyd, fur defendant.
Enoch Steadman, plaintiff in error, vs.
Jame3 P. Simmons, defendant in error.
From Newton, complaint, ete.
BROWN, C. J.
1. The granting or refusing a continu
ance, Is a matter in the sound discretion ol
the Court, and that discretion will not be
controlled by this Court, except in cases of
2. Tho relief act of 1S6S, does not apply
to contracts made, or notes given on nettlo-
tneut of accounts since 1st June, 1865; and
it is not error In the Court to rule out the
evidence offered to support the usual relief
pleas, when filed to a note so made since
3. A defendant when sued, may acknowl
edge service, anil waive copy,- process and
filing in office before the session of the
Court, and ho will not afterwards as
against the plaintiff! be heard to object that
tho writ was not tiled twenty days before
4. It is not error in the Court when the
jnry return an informal verdict, to permit
the counsel for tlie plaintiff in whose favor
it is round to write out a proper form in ac
cordance with their intention, in their
presence, and in presence of tbo Court and
tlie opposing counsel. But if counsel for
defendant objects, and the Court sends tbe
jury back to their room to make the calcu
lation and put their verdict. in form; ahd
they do so, and find intercston their pvinci-
S al sum in tavor or the plaintifi, when he
oes not claim interest, the Court may. by
order, allow the plaintiff to write off the
interest and sign judgment for the princi
pal sum only, without interest.
5. As tliis Courtis satisfied from- the re
cord and tacts of this case, that tbe defense
set up to these notes was intended for de
lay onlv, and that tlie case was bruught to
this Court for that purpose, we award to the
plaintiff'in the judgment rendered in tbe
Superior Court against the defendant, the
sum of $753 55 damages, being ten per
cent, upon the amount of the judgment
rendered in favor of plaintiff In the Court
A. B. Simms, Clark JrPace for plaintiff
James P. Simmons for defendant
Harry Camp, plaintiff iu error, vs. James
M. Pace, defendant In error. From New
ton. Set off.
BROWN, C. J.
A dormant judgment will not ire set off
on motion against a judgment not dor
mant unless there are peculiar equities be
tween the parties which require it, or man
ifest injustice will be done to the owner
of tbe dormant judgment, by the refusal of
the Court to allow the set off. No such
state of facts appears by this record as will
authorize such'set off.
A. B. Siratns for plaintiff in error.
Clark & Pace for defendant.
The Nacoochee Hydraulic Mining Com
pany vs. Hon. Charles D. Davis, Judge
Superior Courts of the W. Circuit. Mo
tion for Mandattias Nisi.
In this case, tlie Nacoochee Hydraulic
Mining Company, filed a bill in White Su
perior Court against J. R. Dean, Jr., the
allegations in which are not necessary to
be here stated. Upon an ex parte applica
tion, made to the lion. Charles D. Davis,
Judge of the Snperior Courts of said Cir
cuit, hegranted an injunction against Dean,
Some time after this export* order grant
ing the injunction, the ten days notice re
quired by the Statute, was given, and a mo
tion made to dissolve the Injection. After
baying beard the parties for and against
the motion, his Honor, the Judge, passed
au order dissolving the injunction.
Within thirty days from tlie hearing, the
Solicitors for complainants tendered their
bill of exceptions to the decision of the
Judge dissolving the injunction, and pray
ed that it be certified and sent np to the
next June term of this Court. Judge Da
vis certified that the hill of exceptions was
trne, but retnsed to order the Clerk of the
Court to certify and send up the record to
this Court, but did order to enter the same
of record in the Superior Court, under sec
tion 4191 and 4191, of tbo Code; the Conrt
bolding that the case was still pending in
..... . . . the Snperior Court, and that the decision,
WILLIAMS, of Morgan, said he was not t i, a( j been made as the complainant claim-
too late, and he would swear it. e( j n ghould have been, would not have been
SPEAKER then said that the question a final disposition of tbe case,
was on original resolution; Upon this state of the facts the com-
Message from the Senate, asking concur plainant’s Solicitors now appear in this
rence in resolution authorizing the “Gov- Court, and pray that a mandamas nisi do
ernor ?’ to draw his warrant on the Tie as- 1 issue to Juoge Davis, calling upon him to
urv for the pay of officers, clerks, etc. j ,, “ s - «t>nnid nnt <ttn»>t the
— . ■ ~ *• - ~ * - “ —i-!
Mr. SCOTT, of Ftoyd, again called for ment upon this point saems to bo snper-
ed by the Judgo in vacation was excepted
to by the defendant and brought up to this
Court, without having made any motion
before the Judge to revoke or dissolve the
injunction as provided in section 3151 o'
Held: That tbe granting of the ex parte
order for the injunction was not such »
judgment, decision or decree of tlie Jiulg,
heard at chambers as enables the defendant
to except the same and bring it before this
Court by writ ol error UDder section 4192
of tbe Code..
In Poweil vs. Parker, ct. aL decided at
tha last June term, we held that where »
chancellor on the bill being presented to
him ordered that the defendant show cause
on a day mentioned why an injunction
should not be granted, and that in tbe mean
time the defendants be enjoined till the fur
ther order of this Court, and on the hear
ing, the Judge having refused tlie injunc
tion : Held. That tbe temporary injuction
expired of its own limitation when the in
junction was refused at tiie.Aeariny and that
no validity could be given to ic pending
tho proceedings in this Court by bond given
by complainants, which is claimed to ope
rate as a svpesedcas of the judgment re
fusing the injunction.
We are satisfied .these decisions are cor
rect and that they establish tlie proper prac
tice. Wo see daily the evidence of injus
tice and wrong done by the improvident
exdrcise of tlie power to grant injunctions
ex parte in vacation. Mucli the better
practice when an Injunction is asked, is for
the Chancellor to refuse to act upon it till
both parties. are notified and have a fair
opportunity to appear before him and be
heard. Any judgment, order or decree
rendered by tho Chancellor on such hearing
is such a judgment, order or decree as may
be brought by bill of excecptions to this
Court. We admit that the Chancellor has
the power in tbeexercise of a sound discre
tion, to grant an injunction in vacation
upon a mere cxparte application without a
hearing. But tills should be done only in
extraordinary cases, where irreparable in
jury is likely to result from tlie delay nec
essary to a hearing. Such ex parte orders
are from their nature temporary, and ex-
S lre whenever the parties cotue bofore tlie
udge and there is a hearing, when no »n
swerhas been filed and the bearing is upon
tho bill alone.
If ten days notice is given by tlie defend
ant. and a motion is made to dissolve the
injunction, and upon tbe heating without
an answer, the Chancellor orders it to be
set aside or dissolved, the ex parte order be
comes inoperative from that date, and can
not be kept in force by a bill ofexccptions.
which is claimed to operate as a supersedeas
of the judgment rendered at the heating.
If a complainant wishes to obtain a judg
ment of the Conrt granting or refusing the
injunction, which ho can bring up to this
Court, he must notify the opposite party,
and there must bo a hearing before the
Judge. When this has been done, any
judgment rendered or order granted by tlie
Judge, Is a proper subject of a bill of ex
ceptions. And if, on such hearing, the
Judge grants an injunction, and the ten
days notice is afterwards given of a motion
to dissolve it, which is done, that decision
may also be brought up by bill of excep
tions. and upon the giving of bond a* pro
vided In such cases, it operates as a super
sedeas ot tho last judgment and continues
in force, the first Judgment granting the
injunction after notice to the defendant
and a hearingof the case by the Chancellor.
Under a different rule irreparable injury
may frequently be done under color of
law. An unscrnpnlous complainant files
his bill and swears to a state of facts upon
which ho obtains ex parte an injunction,
which, if continued, is ruinous to the inter
est of tlie defeudant. So soon as the de
fendant Is served with it. he gives the no
tice, and in ten days, flies his answer, and
swears off tho entire equity of the bill, and
proves by a dozen witnesses that -every
charge in it is false. Tho Chancellor, see
ing the wrong which -has been done,
promptly orders tlie injunction to be dis
solved. But tlie complainant tiles his bill
of exceptions and complies with the law,
and thereby legally -retains tbo injunction
in force by superseding the judgment ren
dered at the hearing for six or tw-Ive
months, till the case can be heard in this
Conrt. The law was not intended to sus
tain any such practice. And a Court of
equity should never bo used as tlie instru
ment for the perpetration of sucb injustice.
tt r o therefore refuse to grant an order su
perseding the judgment of Judge Davis
at the hearing in this case, and directing
that tho ex parte order granting nn injunc
tion without a hearing be continued in
But wo direct that the mandamus nisi lie
issued requiring His Honor Judge Davis
to show causo by written statement, which
be may send by mail to this Court, if more
convenient to him, or otherwise as he msy
think proper, on the , why lie should
not direct the Clerk of the Superior Court
of White county to certify and send up the
record in said case to tho next June Term
of this Court. And it is further ordered
that the counsel for movant notify the
counsel for defendant, in said bill, of tlie
time of bearing said motion in this Court,
ten days previous thereto, that they may
appear and show cause also, it they desire
to do so, why said mandamus should not be
McCAY, J., concurs in the judgment but
not in the reasons for it.
David Irwin, James M. Brown, for ap
Roff, Sims A Co, vs. Wm. M. Johnson
Homestead, from Monroe.
•how cause why lie should not direct tbe
Discussion of Relief Resointion con- 1 ulerk of the Superior Court of White coun-
tinued. -y, to certity and send np the record to the
Mr. RICE, of Columbia, opposed it. He' :,ext term of tils Court. And -that In the
admitted he was a carpet-bagger, but as a meantime a supersedes* be ordered by this
business man, he opposed it.
Mr. BETHUNE. of Talbot, spoke in fa-
The question of practice presented by
vor of relief. The Supreme Court had this case is an important one. and we pre
busted the relief law. and tbe Justices’ ter to hear counsel on both sides before any
Courts were after the people with sharp decision is made. In the meantime we de
stick* for all amounts as high as $100, and dine to grant any order superseding tbe
the Justice, feeling himself the plaintiff V judgment of the Court below dissolving the
collector, would always give judgment for injunction.
full amount. He was much exercised about. As this Conrt is not a Conrt of original
jurisdiction, and no judgment has been
Mr. LANE.of Brooks, favored thereso- rendered in this case by this Court, we
lution. Pending his argument. House ad- doubt our power to pass any such order if
journed until 11 o'clock x. u. to-morrow. the cage were such as in our opinion made
[In report yesterday, the member voted j * £“ t % 8 |7 M ° n r k P Si s noth i D} ; for tlie 4 _
for, was Harrison, of Hancock, (c). Har- ( pertedeas to act upon in this case. By sec-
rison, of Franklin, is a white man and s 1 tion 4192 of the Code, it is enacted that,
The right of a family of minor children
to a homestead. Is a sufficient estate to
justify the Judge of the Superior Court
In appointing a trustee, and said trustee or
guardian, or next fried of the family of mi
nors may apply for such homestead in their
Tbe minor children of a deceased father
are entitled as against the creditors of tbe
father to the homestead and exemption
provided for by art. 5, see. 1 of tbe Consti
tution of 1868.
The homestead and exemption for a fam
By of minor children, being in pari mate
ria with the laws allowing dower to the
widow and minor children, is to be con
strued in harmony therewith; and sucb
family of minors take said homestead and
exemption subject, to tho doWcr in the
same and to tbe year’s support.
The effect of said homestead ahd exemp
tion upon the right of tbe heirs at law, if
any such there be, who are of full age, it is
not for the creditors of the father to liti
gate on the application for the homestead
Tbe said heirs as snch can not be parties to
the proceeding, nor can their rightsbead-
judicated therein, and this Court, they not
being parties, makes no judgment upon
The creditors of the father, out of whose
estate a homestead and exemption is
claimed for his minor children, may make
objections to tlie regularity of the proceed
ings, contest tbe right o' the applicants to
be considered “the family of minors” of
tho deceased, and make any of the-other
issues, proper to be made before the ordi
nary, as provided by the statute tor setting
aside the homestead.
BROWN, C. J, concurred, but gave no
WARNER, J- dissenting.
It appears, from the record in this ease, that
George Ward died in April. 1869, intestate,
leaving a wife and six children as his heirs
at law, four of tlie children only being mi
nors. Application was made by a trustee,
appointed by tbe Conrt Tor the minor chil
dren, for a homestead, to i>c set apart out of
the real and personal property of tbe intes
tate. for the benefit of Ids minor children.
Held, That under the laws of this State, on
testate’s estate which tho widow and the
wo adult children areentitleo to Inherit
under tbe law. for the simple reason that
that portion of his estate is not the proper
ty of the minorchildren. but the |iro|K-rty
of other persons. The minor children are
entitled to a homestead in their own prop
erty. Inherited from the intestate, within
tbe limitations prescribed by tlie Home
stead Act, as against the creditors of the
intestate, according to the former ruling of
a majority of this Court, and I am willing
they should have it, but can not hold that
they are entitled to a homestead In tho
property of other people, which does not,
under the law, belong to them, and to
which they have no title. But It is said the
intestate might have applied and hud tl>«
homestead 6et apart in Ids lilt-lime, as the
head of his family, and. therefore, the mi
nor children, by their trustee, may now no
what the intestate might then have done.
The reply is, that as the intestate did not
•jo so In uis lifetime, the general law of the
•State declans that persons who shall lie .
entitled to his property alter his death.aud .
but for that general law of the State, rile
■ rusteeof tile minor children would not
novy be entitled to ciaimahoincstead in any
portion of tho property for them, in their
own right; for the minor children of the
intestate, nor their trustee had no right to
claim a homestead in the intestate’s prop
erty during his lifetime.
The 13th erction of the Act provide*, that
if the husband shall refuse to apply for the
homestead, his wife, or any person acting
as her noxt friend may do so. and' not the
minorchildren by their trusteeorgmmlian. ■
Ward, under the laws of State, might h vc
created an Incumbrance on his estate by a
mortgage in his lifetime, but as ho did not
do so. hts heirs take the estate; unincum
bered by any mortgage. So hg might have
encumbered his estate by applying for, anti
obtaining a homestead ihcre n. in his life
time, but as he did not do so. his heirs take
the estate unencumbered with-any home
stead. ■ f - “V •
When there.are minor children whose
father is dead', and wlio-.have property in
their oicn right, either by inheritance or
otherwise, then their trustee ur guardian
may apply for a'honlcsteaa irrnTac prop- ~
ett.v—The minor children must flrtt ob
tain a Title) to'ffitr*propetty in their own
rlgbtbcforuthelrtrusteeorguardian Is en
titled t* claim a homestead therein in tlieir
behalf, just as the minor children of .Ward
have done in tbU case, as the lielrs-ut-law
of their deceased father. In that property
so inherited by them, tho minor children o f
Ward are entitled to a homestead, hut not
in the property of his other heirs, who are
not minor children, and to which the minor
children of the intestate have no title. They
did not inherit the homestead from the in
testate ns his heirs-at-law. as the same was
never applied for or set apart to him In his
llte time. Their title to any portion or the
Intestate's property, in which they are en
titled to a homestead under the Act. la just
that portion of it which the general law of
tlie State cast upon them as his heirs, and
no more. Such, in my judgment, is the
fair and proper construction to be given to
the homestead Act for the benefit of minor
children who ate represented by a trustee
A.D. Hammond, J.F.Pinckard forplain
tiff in error.
' R. P. Trlppc, TV. D. Stowe for defendant.
F. A. Thomas vs. Joshua Knowles. Con-*
federate contract, from Newton.
A promissory note given in March. IS64,
for Confederate money borrowed, payable
1st January, 1806, in tho “commonly re
ceived currency of tho country at that
time,” is within the ordinance of 1SG5. and
the rights of tho parties arc to b.t adjusted
according to that ordinance.
It is error In the Court in such n ease, to
chargo the jury that they are to sealo the
note according to the gold or intrinsic
value of tho consideration at any time.
One of the matters for the consideration ot
the jury, is the length of time the note was
to run without Interest; another the mutu- ’
ill risk the parties agreed to take of the
rise or fall of Confederate money, and the
jury are under all the facts to find, nccord-
1 ng to the true equities of the parties un
der the contract.
Clark & Pace Tor plaintiff in error.
Hammond A Welborn for defendant.
U. & T. M. W hitc, vs. A. H. Lee. Confed
erate Contract. Newton.
A contract made in 1864. to deliver cot
ton in consideration of so much Confeder
ate money. I* within tlie Ordinat.ee of 1965
for adjusting Confederate contract*; and
in adjusting tlie equities between the par
ties in sucli a case the Jury are not con
fined to the specie value of the considera
tion at any time, nor to the specie vaino
of the cotton at the time it was to be de
livered; they may, under the ordinance,
consider the value of the consideration and
of tbe cotton at any lime, and find what,
under all the circumstances ol the con- .
tract, is a true equitable adjustment of the
rights of the parties therein; and it is er
ror in tho Court to confine tlie Jury to tho
specie value of either the consideration or
the cotton at any particular time.
When in consideration of live thousand
dollars. A contracted, in February. 1864. to
deliver to U, by tbe 25th of December. 1864,
six tiKMuaad - five hundred and seventy-
eight pounds of cotton; and it was in
proof tliat before the action was brought
cotton was worth from IS to 40 cent* per
pound United States currency, and tlie Jury
found’one thousand one hundred and Any
one dollars for tho plaintiff.
Ntld, that it was error in the Court below
to grant a new trial.
J. J. Floyd for piaintiffin error.
D. F. Hammond for defendant.
Turner Horton vs. Wm. M. Clark, Execu
tor. Mortgage fi. fas. Illegality, from
A judgment foreclosing a mortgage is
not within the Acts providing for the dor
mancy of judgments.
2d. The Act of •, 1856. providing
that judgments shall be presumed paid off
and satisfied upon which no execution shall
issue in seven years from the date of tho
judgment or if an execution 1ms issued, if
no entry be made on the same within seven
yesrs, does not render said judgments dor
mant but satisfied and was suspended by
the various Acts from I860 to 1885, sus
pending the statutes of limitation.
P. L. Mynatt for plaintiff in error.
W. W. Clark for defeudant.
D. H. Wilcox & Co- vs. Charles Strong.
Complaint, from Newton.
When an action was instituted by the
plaintiff* against the defendant to recover
tlie value of sundry bags of I’iiamix
Guano, and tho defendant plead that the
Guano was not a merchantable article and
not reasonably suited to the use for
which it was purchased, and was worthless
as a fertilizer, and tbe jury on the trial of
the case found a verdict for tbe defendant.
Held: That this Court will not control the
discretion of the Court below in refusing
to grant a new trial when there Is sufficient
evidence in the record to sustain the ver
dict, and no rule of law violated in allow
ing the evidence to go the jury, or in the
charge of the Court.
A. B. Simms, Jno. J. Floyd, for plaintiff*
Clark & Pace for defendant.
George M. Rhodes vs. James Ganladett,
Trustee. Equity from Monroe.
On tlie 10th day of September, 1863,
Pinckard conveyed by deed a tract of land,
in tho county of Monroe, to Gauladett in
Ids own right to one-third thereof, and to
Gauladett, aa trustee for Mrs. Hardi-c and
her children, and Mrs. Irwin and her chil
dren for the other two third?, Mrs. Hardee
and Mrs. Irwin being the daughters of
Gauisdett. By tbe deed of conveyance
Gauladett, tlie trustee, is expressly author
ized and empowered, without an order of
Court, to *ell and dispose of said property
at such times, and on such term*, as he may
deem best for the Interests of his said cestui
que trusts, and to reinvest the same in such
property as may be most for their benefit.
On the 9th dav of November, 1866. Gaula
dett bargained, sold and conveyed by deed
tbe death of the intestate the title to his: to Rhode* the track of land, conveying his
. * _ _ — _ jl - - — — — * Z —- l.Ia k-t mm —> * 1^ • r— „ . i 1 * a — #1 iifiil . • /1 t M fmnlif- n a a .. .2 I .. - ,1... A*
The following will show the Attorney-
General’s opinion of Terry’s power;
The papers sent to the Senate yesterday,
by the President, included tbe dispatches
from General Sherman, authorizing Gen
eral Terry to exercise his own discretion
as to the eligibility of members of the
Georgia Legislature, and approving his
course, Terry being, in the opinion of the
Attorney-General, the only power In Geor
gia, other than that of Congress.
■ either party in any civil cause, and the de-
i fendant in any criminal proceeding in the
! Superior Courts of this State, may except
to aDy sentence, judgment, or decision, or
decree of such Court, or of the Judge there
of in any matter heard at chambers.
This section of the Code evidently con
templates a heading when both parties are
before the Judge before tbe decision can
be brought up to this Court by bill of ex
In the case of Johnson vs. Stewart deci
ded at tills term, this Conrt ruled as fol
lows: When an injunction is granted upon
an ex parte application of tbe complainant
real estate, vested in his heir* at law as well
thoso who were of full age as those who
were minors, and that tho title to Id* per
sonal property was vested in the adminis
tration or bis estate for the benefit of hi*
heirs and creditor*, and that there was no
homestead applied for or set apart to the
intestate as the bead of a family in hi* life
time; that the minor children are only en
titled to have a homestead in sach’ptfrtion
of tlie Intestate’s estate as tliev are entitled
to inherit, or to have distributed to them.
undivided interest therein, as well a* that'
of his certulque trusts as trustee, as author
ized by the original deed of conveyance
from Pinckard, for the sum of five thousand
dollars, and took Rhodes' note for the pur
chase money, payable to himself and as
trustee as aforesaid, or to bis order at any of
the banksof Savannah, due on the first day
of January, 186S. the pay ment of which note
was secured by a mortgage on tho land
conveyed. Rhodes went into tho posses
sion of tho land and has remained in tho
under the law. in ease there had been no! undisturbed enjoyment of tho same, the
debts due and owing by the intestate’ uote not having been paid at maturity.tho
at tho time of his death; that the minor; mortgage was foreclosed without any de-
children are not entitled to a homestead; fhnse having been made thereto, and a suit
under tbe provisions of the Home-! at common law was also instituted on the
In the blU, which et parte order so grant- stead Act, to that portion of the in-
jCsacIeacd en Yoarlii Page.’,